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NY K83727




March 10, 2004
CLA-2-61:RR:NC:TA:358 K83727

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0040

Bruce D. Roberts
EGL Eagle Global Logistics
1801 N.W. 82 Avenue
Miami, FL 33126-0038

RE: The tariff classification of sleepwear for girls from the Dominican Republic

Dear Mr. Roberts:

In your letter dated March 5, 2004, written on behalf of Gap Kids and of Old Navy, you requested a classification ruling.

Submitted styles 25864, 25884, and 25874, each of which is manufactured from finely knitted fabric of 100% polyester, are, respectively, a t-shirt-styled pullover, a loosely fitted, tank-styled top, and a loosely fitted pair of trousers, fully elasticized around the waistband, none of which match any of the others.

The applicable subheading for the three styles will be 6108.92.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’pajamasand similar articles, knitted, other, of man-made fibers, other, girls’. The duty rate will be 16 percent ad valorem.

The three styles fall within textile category designation 650. Based upon international textile trade agreements products of the Dominican Republic are not subject to quota nor the requirement of a visa.

Nightwear for children in sizes 0-14 is subject to the flammability standards of the Consumer Products Safety Commission, (CPSC). Please contact the CPSC regarding compliance.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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